SULTAN AHMED, V. ASSTT CIR 11(1),

MA 324/MUM/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9525 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 19-10-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: WT
• Assessment Year: 2006-2007
• Appeal Filed On: 24-05-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: M L BHUWANIA
• Keywords: Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI WT BENCH MUMBAI BENCHES, MUMBAI BEFORE SHRI RAJENDRA SINGH, AM & SHRI VIJAY PAL RA O, JM MISCELLANEOUS APPLICATION NOS. 323 & 324/MUM/2012 ARISING OUT OF WTA NOS. 01 & 02/MUM/2012 (ASST YEAR 2005-06) SH SULTAN AHMED 34B PALI HILL NARGIS DUTT ROAD, BANDRA (W) MUMBAI 50 VS THE ASST COMMR OF INCOME TAX CIR 11(1), MUMBAI (APPELLANT) (RESPONDENT) PAN NO. AAJPS0361F ASSESSEE BY SH M L BHUWANIA REVENUE BY SH OMPRAKASH MEENA DT.OF HEARING 19 TH OCT 2012 DT OF PRONOUNCEMENT 19 TH OCT 2012 PER VIJAY PAL RAO, JM THE ASSESSEE HAS FILED THESE MISCELLANEOUS APPLICA TIONS WITH PRAYER TO RECALL THE ORDER OF THE TRIBUNAL DATED 2 ND MAY 2012 IN WTA NOS. 01 & 02/MUM/2012 WHEREBY THE APPEALS OF THE ASSESSEE WERE DISMISSED FOR NON PROSECUTION. 2 WE HAVE HEARD THE PARTIES AND CONSIDERED THE AV ERMENTS MADE IN THE AFFIDAVIT FILED ALONG WITH THE APPLICATION. WE ARE SATISFIED THAT THERE WAS REASONABLE CAUSE FOR NON ATTENDANCE OF THE ASSESSEE OR HIS COU NSEL/A.R ON THE DATE OF HEARING WHEN THE APPEALS OF THE ASSESSEE WERE DISMISSED. WE , THEREFORE, IN THE INTEREST OF JUSTICE RECALL OUR ORDER DATED 2 ND MAY 2012 IN WTA NOS. 01 & 02/MUM/2012. 3. THE REGISTRY IS DIRECTED TO FIX THE APPEALS OF T HE ASSESSEE FOR HEARING IN THE NORMAL COURSE AND ISSUE NOTICES TO THE PARTIES AC CORDINGLY. MA 323 & 324/MUM/2012 . 2 4. IN THE RESULT, THE MISCELLANEOUS APPLICATIONS FI LED BY THE ASSESSEE ARE ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF H EARING I.E 19 TH OCT 2012. SD/- SD/- ( RAJENDRA SINGH ) ACCOUNTANT MEMBER ( VIJAY PAL RAO ) JUDICIAL MEMBER PLACE: MUMBAI : DATED: 19TH OCT 2012 RAJ* COPY FORWARDED TO: 1 APPELLANT 2 RESPONDENT 3 CIT 4 CIT(A) 5 DR /TRUE COPY/ BY ORDER DY /AR, ITAT, MUMBAI